vinaya » pli-tv-bu-vb » pli-tv-bu-vb-pc » Theravāda Vinaya

79. Kammapaṭibāhanasikkhāpada

The training rule on obstructing a legal procedure

Tena samayena buddho bhagavā sāvatthiyaṁ viharati jetavane anāthapiṇḍikassa ārāme.
At one time the Buddha was staying at Sāvatthī in the Jeta Grove, Anāthapiṇḍika’s Monastery.

Tena kho pana samayena chabbaggiyā bhikkhū anācāraṁ ācaritvā ekamekassa kamme kayiramāne paṭikkosanti.
At that time the monks from the group of six were misbehaving, but when a legal procedure was being done against any one of them, they would object.

Tena kho pana samayena saṅgho sannipatito hoti kenacideva karaṇīyena.
On one occasion the Sangha had gathered on some business.

Chabbaggiyā bhikkhū cīvarakammaṁ karontā ekassa chandaṁ adaṁsu.
The monks from the group of six were busy making robes and so they gave their consent to one among them.

Atha kho saṅgho—

“ayaṁ, āvuso, chabbaggiyo bhikkhu ekako āgato, handassa mayaṁ kammaṁ karomā”ti tassa kammaṁ akāsi.
When the monks saw that only one monk from the group of six had come, they did a legal procedure against him.

Atha kho so bhikkhu yena chabbaggiyā bhikkhū tenupasaṅkami.
When he returned to the monks from the group of six,

Chabbaggiyā bhikkhū taṁ bhikkhuṁ etadavocuṁ—
they asked him,

“kiṁ, āvuso, saṅgho akāsī”ti?
“What did the Sangha do?”

“Saṅgho me, āvuso, kammaṁ akāsī”ti.
“It did a legal procedure against me.”

“Na mayaṁ, āvuso, etadatthāya chandaṁ adamhā—
“We didn’t give our consent for that.

‘tuyhaṁ kammaṁ karissatī’ti.

Sace ca mayaṁ jāneyyāma ‘tuyhaṁ kammaṁ karissatī’ti, na mayaṁ chandaṁ dadeyyāmā”ti.
If we had known that a procedure would be done against you, we wouldn’t have given our consent.”

Ye te bhikkhū appicchā …pe… te ujjhāyanti khiyyanti vipācenti—
The monks of few desires complained and criticized them,

“kathañhi nāma chabbaggiyā bhikkhū dhammikānaṁ kammānaṁ chandaṁ datvā pacchā khīyanadhammaṁ āpajjissantī”ti …pe…
“How could the monks from the group of six give their consent to legitimate legal procedures and then criticize them afterwards?” …

“saccaṁ kira tumhe, bhikkhave, dhammikānaṁ kammānaṁ chandaṁ datvā pacchā khīyanadhammaṁ āpajjathā”ti?
“Is it true, monks, that you did this?”

“Saccaṁ, bhagavā”ti.
“It’s true, Sir.”

Vigarahi buddho bhagavā …pe…
The Buddha rebuked them …

kathañhi nāma tumhe, moghapurisā, dhammikānaṁ kammānaṁ chandaṁ datvā pacchā khīyanadhammaṁ āpajjissatha.
“Foolish men, how could you do this?

Netaṁ, moghapurisā, appasannānaṁ vā pasādāya …pe…
This will affect people’s confidence …” …

evañca pana, bhikkhave, imaṁ sikkhāpadaṁ uddiseyyātha—
“And, monks, this training rule should be recited like this:

“Yo pana bhikkhu dhammikānaṁ kammānaṁ chandaṁ datvā pacchā khīyanadhammaṁ āpajjeyya, pācittiyan”ti.
‘If a monk gives his consent to legitimate legal procedures, and then criticizes them afterwards, he commits an offense entailing confession.’”

Yo panāti
A:

yo yādiso …pe…
whoever …

bhikkhūti
Monk:

…pe… ayaṁ imasmiṁ atthe adhippeto bhikkhūti.
… The monk who has been given the full ordination by a unanimous Sangha through a legal procedure consisting of one motion and three announcements that is irreversible and fit to stand—this sort of monk is meant in this case.

Dhammikaṁ nāma kammaṁ
A legitimate legal procedure:

apalokanakammaṁ ñattikammaṁ ñattidutiyakammaṁ ñatticatutthakammaṁ dhammena vinayena satthusāsanena kataṁ, etaṁ dhammikaṁ nāma kammaṁ.
a legal procedure consisting of getting permission, a legal procedure consisting of one motion, a legal procedure consisting of one motion and one announcement, a legal procedure consisting of one motion and three announcements; done according to the Teaching, according to the Monastic Law, according to the Teacher’s instruction. This is called a “legitimate legal procedure”.

Chandaṁ datvā khiyyati āpatti pācittiyassa.
If he gives his consent, and then criticizes the procedure, he commits an offense entailing confession.

Dhammakamme dhammakammasaññī chandaṁ datvā khiyyati, āpatti pācittiyassa.
If it is a legitimate legal procedure, and he perceives it as such, and he criticizes it after giving his consent, he commits an offense entailing confession.

Dhammakamme vematiko chandaṁ datvā khiyyati, āpatti dukkaṭassa.
If it is a legitimate legal procedure, but he is unsure of it, and he criticizes it after giving his consent, he commits an offense of wrong conduct.

Dhammakamme adhammakammasaññī chandaṁ datvā khiyyati, anāpatti.
If it is a legitimate legal procedure, but he perceives it as illegitimate, and he criticizes it after giving his consent, there is no offense.

Adhammakamme dhammakammasaññī, āpatti dukkaṭassa.
If it is an illegitimate legal procedure, but he perceives it as legitimate, he commits an offense of wrong conduct.

Adhammakamme vematiko, āpatti dukkaṭassa.
If it is an illegitimate legal procedure, but he is unsure of it, he commits an offense of wrong conduct.

Adhammakamme adhammakammasaññī, anāpatti.
If it is an illegitimate legal procedure, and he perceives it as such, there is no offense.

Anāpatti—
There is no offense:

“adhammena vā vaggena vā na kammārahassa vā kammaṁ katan”ti jānanto khiyyati,
if he criticizes it because he knows that the legal procedure was illegitimate, done by an incomplete assembly, or done against one who did not deserve it;

ummattakassa,
if he is insane;

ādikammikassāti.
if he is the first offender.

Kammapaṭibāhanasikkhāpadaṁ niṭṭhitaṁ navamaṁ.
The training rule on obstructing a legal procedure, the ninth, is finished.